The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-07-28

to shoot me down at any moment.
Cross-examined Il telegraphed for
my brother. who was in Greenvllle, be-
cause I thought he ought to be here to !
take care of my mother and sister II L |
was killed. I shot Bishop for combi-
nation OF reasons; a sufficient reason |!
was that was defending my life."
In reply the State put up several wit
nesses to prove that they heard no
threats from the deceased and that the
deceased was Il boiSterous and yltupera-
tive man, but that he was by no means
dangerous, and was in fact coward.
Messrs. Haskell for the State and
Johnson & Ferguson ior the defence
argued the case eXhaustlvcly and ably.
Solicitor Duncan's closing speech WAS
one of the greatest efforts OF his life.
Judge Presley delivered his charge to
the jury while the greater part OF the au-
dience stood on the stairs and benches
and listened with intense interest. He
spoke for about fifteen minutes. It was
conceded on all sides that the effect OF
his words would be directly against the
defendant. The following is a summary
of the most important portion, and will
lnQlcaLe us tOEe.
''What are the circumstances you are
bound to consider? How he came to be
ut the place of the shooting armed with
two pistols. and his brother behind him
also armed. You are bound to consider
| whether there was previous concert
between them on this matter. You will
say how these facts tally with his story
that it was an accidental meeting and
| he fired in self-defence. Furthermore
he says that after he fired he pursued the
deceased, not for the purpose of taking
his life, but for fear he had gun in the
clerks office, and was prepared to shoot
him. How does that tally with Mr..
Cooper's story and with the fact that
his brother so prevented the marshal
from arresting the defendant as to enable
him to give three more shots after he
was ordered to cease firing"
Further on he said:
~ charge yon that the doctrine OF
higher law is the most dangerous and
destructive doctrine that can penetrate
or rule country"
He then went on to show that the de-
fendant could have had adequate legal
redress for the alleged slander by suit
for damages, and could have protected
himself against the harm he feared from
Bishop by having him placed under .
peace bond.
About o'clock the Judge finished hi:
charge and the case went to the jury
The trial had been dispatched with
rapidity attributable in great measure K
+ the torture OF existence in the sitting
Courtroom. The Court took a reces
I and the jury went into their room.
Judge Presley left the Courtroom
? indicating that he might return to Cour
. at o'clock, but that hour passed and IN
! did not come. At last, at 10 o'clock,
became known that the Judge intende'
! to let the jury pass the night in mcdita
: ton.
o Sheahan, who had been kept waitin
. in the west room, was taken to the iai
n the spectators were cleared out OF th
west room and the jurors nshered in
. for the night.
- 1t is considered that mistrial is a
u most certain.
THE PRISONER ACQUITTED.
n LAURENs, July 22.-1 A. M.-Special
= At 1920 nearly everybody in Lauren
~ was abed, when the announcement cam
:, that the Jury had agreed upon verdic
% The prisoner was brought to the Cour
l. room and placed in the dock. Lamp
+ burned dimly. Mr.. J. T: johnson ~ " Y
- the only Ills threats, callir
le whe:IGu a thief, and charging him wit
~ burning his own property at Waterlo,
q On Monday morning be told me, "Joh
~ Shcahan, him, will kill hi
t before night" He also called him
y -. AS soon rs Mr.. Sheahan cam
e down told him.
MesSrs. N. A. Fowler, E. Y. NJ
Quown. j. P. Driscoll, j. F. Robertso
and II. N. Wright testified to threats an
abusive language uttered on the street
IS and IN the town calaboose by Bisho
against Sheahan and his clerks, an
even inputing a lack OF chastity t
Sheahan's mother and sister, all of whic
was communicated to Sheahan. Th
S defence called numerous witnesses, VIII
n testified that the deceased was by genel
e al reputation a rowdy, boisterous an
r dangerous man.
5 The defendant then took the stan
). and testified:
= Il came here from Washington, Ga
t not quite three years ago, though wa
+ born and raised in Augusta. Nv famil
Y Is composed of my mother, sister an
E brother. Up to the I'd instant the rela
a tions between Bishop and myself wer
+ very friendly. A bill from my stor
was presented to him on that day, bu
i after talking with Mr.. Thompson, VIII
e brought it back unpaid, said: .Yo,
E go back and tell Bishop that have
r draft to pay to-day, and if he will b.
= able to lend me SIS will consider it
/ loan,' and Thompson went back. While
= over ther, Bishop commenced abusin!
: him. A few moments after was in
+ formed that Bishop demanded settle
/ ment, and I said, all right. didn't wan
: to have any fuss with Bishop as I was
peaceful man, but a settlement suited
me all right. So we had a settlemen,
after dinner. I was in my Office wher
; Bishop came to my back window ant
! asked me if had got that money.
told him had, and he said, You are q
id rascal I don't want to have any
more dealings with you.' I said, Now.
bishop, You are under the influence OF
liquor, this is not 4 time to talk about
those kind of things am busy, and il
YOU have got anything against me wait
till you get sober He went back to his
store, and probably an hour after that
l heard very loud cursirg. I was in
the back Of the store, and went to the
front door and heard Bishop calling me
4 id rascal, and saying that had
hired a negro to burn an outhouSe and
store in Waterloo, and l remarked to
one OF the boys that was pretty ID
hard to take.
He was subsequently arrested and
put in the guardhouse, but was released
at 9 O'Clock. On Sunday I visited a
friend at the hotel and was told that he
had continued this abusive language
during the night. Monday I came down
to the store late, probably half-past
O'Clock. Mr.. Driscoli, who opened up
the store, had told me that he had heard
| Bishop abusing ME in the rear part of